US embassy cable - 00HARARE2763

UNCLAS HARARE 002763 
 
SIPDIS 
 
LONDON FOR PFLAUMER 
 
PARIS FOR BISA WILLIAMS 
 
E.O. 12958: N/A 
                       UNCLASSIFIED 
 
PAGE 02        HARARE  02763  231522Z 
TAGS: PHUM, PGOV, PREL, ZI 
SUBJECT: THE SUPREME COURT STRIKES DOWN LOMA SECTIONS THAT 
INTERFERE WITH FREE SPEECH 
 
REF: HARARE 01174 
 
1. ON MAY 22, THE ZIMBABWE SUPREME COURT RULED IN FAVOR OF 
THE INDEPENDENTLY OWNED "THE STANDARD NEWSPAPER" EDITOR, 
MARK CHAVUNDUKA, AND CHIEF REPORTER, RAY CHOTO, WHO 
CHALLENGED THE CONSTITUTIONALITY OF SECTION 50(2) OF THE 
LAW AND ORDER MAINTENANCE ACT (LOMA)(REFTEL).  THE COURT 
FOUND THAT THE LOMA SECTION 50, WHICH MAKES IT A CRIME TO 
WRITE "FALSE STATEMENTS THAT ARE LIKELY TO CAUSE FEAR AND, 
ALARM AND DESPONDENCY AMONG THE PUBLIC" CONTRAVENED SECTION 
20(1) OF THE CONSTITUTION, WHICH PROVIDES FOR FREEDOM OF 
EXPRESSION. THE SUPREME COURT DECISION WILL NOW RESULT IN 
ALL CHARGES AGAINST THE TWO JOURNALISTS UNDER THE LOMA 
BEING DROPPED IN THE MAGISTRATES COURT.  THE TWO 
JOURNALISTS WERE CHARGED UNDER THE LOMA IN JANUARY 1999, 
AFTER PUBLISHING A STORY IN THE STANDARD REPORTING THAT THE 
GOVERNMENT HAD FOILED A "COUP" ATTEMPT.  THEY WERE ARRESTED 
BY THE POLICE AND CREDIBLY ALLEGED THAT THEY WERE TORTURED 
BY THE MILITARY DURING THEIR DETENTION.  THE NEWSMEN WERE 
OUT ON BAIL AND HAD FACED A SEVEN-YEAR JAIL SENTENCE IF 
THEY HAD BEEN CONVICTED. 
 
2. THE JUDGMENT ISSUED BY CHIEF JUSTICE ANTHONY GUBBAY HELD 
THAT SECTION 50(2) OF THE LOMA WAS UNCONSTITUTIONAL, AS IT 
LIMITED FREEDOM OF EXPRESSION ESPECIALLY THAT OF THE PRESS. 
THE COURT FOUND THAT SECTION 50 (2) WAS VAGUE AND 
OPPRESSIVE AND LEFT IT TO THE GOVERNMENT TO REWRITE THE 
                       UNCLASSIFIED 
 
PAGE 03        HARARE  02763  231522Z 
SECTION. 
 
3. COMMENT: THIS IS ONLY THE SECOND TIME IN THE POST- 
INDEPENDENCE ZIMBABWE THAT A SECTION OF THE LOMA HAS BEEN 
FOUND UNCONSTITUTIONAL.  THIS IS A MAJOR VICTORY FOR 
OPPOSITION PARTIES WHO HAVE BEEN TRYING TO HAVE THE LOMA 
STRICKEN FROM THE LEGAL BOOKS.  HOWEVER, OTHER SECTIONS OF 
THE LOMA REMAIN IN FORCE AND HAVE RECENTLY BEEN INVOKED BY 
THE MINISTER OF HOME AFFAIRS, DUMISO DABENGWA, WHO CITED 
THE ESCALATING POLITICAL VIOLENCE IN FACE OF THE SCHEDULED 
GENERAL ELECTIONS ON JUNE 24 AND 25.  END COMMENT. 
 
MCDONALD# 
 
                       UNCLASSIFIED 
 
>